Skip to main content

Why are inheritance disputes increasing? What a rise in probate caveats means for families

Losing a loved one is difficult enough without disagreements over their estate adding further stress and uncertainty. Yet inheritance disputes are becoming increasingly common, driven by rising property values, more complex family structures and greater scrutiny of how Wills are made and estates are administered.

  • 12 August 2026
  • Share on:
Multigenerational family walking together through a garden

Recent figures obtained from the Ministry of Justice suggest this trend is continuing, with applications for probate caveats rising by 12% over the last year. While a probate caveat is a specific legal procedure, the increase reflects a broader picture of more families finding themselves in dispute over Wills, executors and the administration of estates.

What is a probate caveat?

A probate caveat is a legal mechanism that temporarily prevents a grant of probate (or letters of administration) from being issued. Once entered, it generally remains in place for six months, although it can be extended.

It is designed to give someone time to investigate concerns before an estate is administered.

A caveat is not intended simply to delay the administration of an estate. It should only be used where there is a genuine legal reason to question whether probate should be granted.

Common reasons for entering a probate caveat include concerns about whether:

  • A Will is valid
  • The person making the Will had the necessary mental capacity
  • Someone was subjected to undue influence or pressure when making or changing their Will
  • There are concerns about fraud or forgery
  • The person applying to administer the estate is suitable to do so.

Why are inheritance disputes becoming more common?

There is no single reason behind the increase, but several factors are making disputes more likely.

Higher-value estates

Rising property prices mean that estates that might once have been considered relatively modest can now be worth between £500,000 and £1m simply because they include a family home.

As the value of estates increases, so does the financial incentive to challenge a Will or the way an estate is being administered.

Many people also factor anticipated inheritances into their long-term financial planning. When expectations do not match reality, disagreements can quickly arise.

More complex family relationships

Modern family structures are often far more complicated than they were a generation ago.

Second marriages, blended families, stepchildren and children from different relationships can all create competing expectations about how an estate should be divided.

Where a Will has not been updated to reflect changing family circumstances, or where relatives believe they have been treated unfairly, disputes are more likely to follow.

Concerns about mental capacity and undue influence

An ageing population also means there are increasing numbers of cases where family members question whether someone had the mental capacity to make or amend a Will.

This can be particularly relevant where dementia or other cognitive conditions are involved.

Equally, concerns sometimes arise that a vulnerable person may have been pressured into changing their Will in favour of one individual over others.

These cases can be complex and require careful investigation before any legal action is taken.

Disputes can arise over how an estate is administered

Not every inheritance dispute is about who inherits what.

Disagreements also frequently arise over the actions of executors or administrators responsible for managing an estate.

Beneficiaries may have concerns about delays, a lack of communication, conflicts of interest or whether an executor is carrying out their duties properly. In some circumstances, it may be appropriate to seek the removal or replacement of an executor.

Can inheritance disputes be avoided?

Although it is impossible to eliminate every potential dispute, careful estate planning can significantly reduce the risks.

Regularly reviewing your Will, particularly after major life events such as marriage, divorce or the birth of children or grandchildren, helps ensure it continues to reflect your wishes.

Where appropriate, obtaining medical evidence of mental capacity when making or updating a Will can also reduce the scope for later challenges.

Choosing executors carefully and discussing your intentions with family members where appropriate may also help avoid misunderstandings after your death.

Resolving disputes constructively

Inheritance disputes can be emotionally draining as well as financially costly. They often involve close family members and can permanently damage relationships if they escalate.

Where disagreements do arise, early legal advice is important. In many cases, mediation can provide a quicker, more cost-effective and less confrontational way of resolving disputes than court proceedings, while giving families greater control over the outcome.

How TWM Solicitors can help

Whether you have concerns about the validity of a Will, the conduct of an executor or a dispute over the administration of an estate, obtaining specialist advice at an early stage can help clarify your options and protect your position.

Our experienced Will, Trust and Estate Disputes team advises beneficiaries, executors and trustees on a wide range of contentious probate matters, helping clients resolve disputes as efficiently and constructively as possible.

Related insights

  • 08 October 2026

How trusts can protect your assets and provide for your family

Read more
  • 08 September 2026

TWM Solicitors strengthens Private Client team with appointment of new partner

Read more
  • 02 September 2026

TWM Solicitors strengthens teams with newly qualified solicitors

Read more
  • 20 August 2026

Steering clients towards mediation: a practical guide for solicitors

Read more

Contact us

Here's how to get in touch if you have any questions at all or would like to speak to us about your enquiry. Please complete the form below and one of our experts will get in touch to discuss how we can help.

Fields marked with indicate required fields

Would you be happy for us to call you?
Would you like us to keep you up to date with our latest news and insights?

Your marketing preferences can be changed at any time here

Do you agree to our privacy policy?

By ticking this box, you agree to our terms. We will only use the information you provide to handle your enquiry.
The information you submit will be handled in accordance with our privacy policy

We're here to help

Call us

0330 555 0440

Make an enquiry

Message us